REGULATIONS

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

An agreement between the buyer and the seller can occur in two ways.
The buyer has the right before placing an order to negotiate all provisions of the agreement with the seller, including changing the provisions of the following regulations. The negotiations should be conducted in writing and addressed to the seller (R-GOL Sp. z o.o. Sp. K., Górka 3D, 14-100 Ostróda, Poland).

The right od withdrawal (returning the item bought) is based on terms and conditions below.

Terms & Conditions

§1 Definitions

Postal address: – name or institution name, location in the town/city (in case of a town/city divided into streets: street, house number, flat number or in case of the town/city not divided into streets: city name and number of a house/flat), town/city code and town/city name

Delivery: – type of transport service, the name of the carrier and the cost included in the price list of supplies can be found on www.R-GOL.com/en/delivery

Proof of purchase: – invoice, bill or receipt (according to the Act of 11 March 2004 on Value Added Tax as amended).

Product card: – a single sub-page catalogue containing information about a single product.

Customer: – an adult person with full legal capacity or organizational unit without legal personality and having legal capacity, making the purchase from the seller directly related to its business or professional activity.

Civil Code: – Civil Code Act of 23 April 1964 as amended.

Code of good practice: – the set of rules of conduct, in particular the standards of ethical and professional behaviour, as referred to in Article 2 point 5 of the Act on combating unfair commercial practices of 23 August 2007, as amended.

Consumer: – an adult person with full legal capacity, purchasing from the seller goods not directly linked to its business or professional activity.

Cart: – list of products prepared from products offered in the store on the basis of the buyer’s choice.

Buyer: – both the consumer and the customer.

Place of delivery:postal address or place specified in the order by the buyer.

Time of delivery: moment in which the buyer or a person indicated by him/her receives bought items.

System: set of cooperating devices and software that provides processing and storage, as well as sending and receiving data via telecommunication networks by using appropriate for the type of network terminal equipment, commonly called the Internet.

Order delivery date:number of hours or days.

Agreement: an agreement made outside the shop or at distance within the meaning of the Act on consumer rights on 30 May 2014 in the case of Consumer and sale agreement within the meaning of art. 535 Civil Code Act of 23 April 1964 in case of buyers.

Fault: physical or legal defect.

Physical fault: incompatibility of the thing sold with the agreement, and in particular if the thing:

it has no properties that this kind of thing should have as far as the purpose of use or resulting from circumstances or destination;

does not have properties which the seller assured the consumer of,

is not suitable for the purpose which the consumer has informed the seller of in the contract, and the seller did not raise objections to its destination;

the consumer received incomplete goods;

in case of inaccurate installation and commissioning if these activities were carried out by the seller or by the consumer, who acted according to the instructions received from the seller;

it has no properties which the manufacturer or his representative informed about unless the seller also was not informed about it, judging reasonably, could not know, or they could not affect the consumer's decision about purchase or when their content is corrected before the contract is concluded.

Order: buyer's declaration of intent specifying clearly: the type and quantity of products; type of delivery; payment method; place of delivery of goods buyer's data and aimed at an agreement between the buyer and the seller.

Legal fault: situation, when the thing sold is owned by a third person or is encumbered with a right of a third person, and if the restriction on the use or disposal of thing stems from a decision or judgment of the competent authority.

§2 General conditions

The agreement is made in Polish, in accordance with Polish law and our regulations.

Goods are delivered to the European Union countries.

The seller is obliged to provide services and deliver things free from any faults defects.

All prices are in the Polish currency (PLN) and are gross prices (including VAT). The prices do not include the cost of delivery which is specified in the delivery cost list.

All terms are in accordance with Article. 111 of the Civil Code, which is a period expressed in days expires at the end of the last day and if a period expressed in days is a certain event, this day is not taken into account when calculating the date on which the event occurred.

Confirmation, consolidation, securing all relevant provisions of the agreement in order to gain access to this information in the future is in the form of:

confirmation of the order by sending by e-mail orders, a link to information about the right of withdrawal, links to the current version of the regulations and the pattern of withdrawal;

joining to the completed order, sent to the indicated place of delivery of goods, a printed proof of purchase.

Seller informs about known to him guarantees granted by third parties for the products in the shop.

Seller does not charge any fee for communicating with him. The cost of communicating depends on fares of the provider.

Seller warrants to the buyer benefiting from the system correct operation of the online shop with the following browsers: IE Version 7 or newer, Firefox version 3 or higher, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of Java and Flash, on screens with a horizontal resolution over 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the store www.R-GOL.com, they should all be turned off.

The buyer can use the option of storing the data store in order to facilitate the process of placing next order. For this purpose, the buyer shall provide the login and password needed to access their account. The login and password are a string set by the buyer who must keep their secret and protect against unauthorized access by third parties. * The buyer has at any time the opportunity to access, modify, update, and delete data account in the store.

The seller shall apply to the code of good practice.

The buyer is obliged to:

not to produce and not pass on content prohibited by law, for example violence, defamatory or violating personal rights and other rights of third parties,

the use of the store without disturbing its functioning, in particular through the use of specific software or devices,

refrain from activities such as sending or posting within the store unsolicited commercial (spam),

the use of the store without major inconvenience to other buyers and the seller,

the use of any content contained in the store only for personal use,

the use of the store in accordance with the rules in force of Polish law, the provisions of the Regulations and the general rules of netiquette.

§3 Purchasing goods

Orders can be placed 24/7.

To place an order the buyer should do the following steps, some of which may be repeated several times:

add the product to cart;

choose the type of delivery;

choose the type of payment;

choose the delivery of goods;

confirm an order by using the "buy and pay".

Conclusion of an agreement with a buyer takes place when an order is confirmed.

Execution of an order „ cash on delivery” shall take place immediately. Orders paid by bank transfer or through a system of electronic payment - after the payment appears on the account of a seller, which should take place within 5 days from placing an order, unless the consumer was not able to meet the benefit not of his guilt and informed the seller about the situation.

Conclusion of an agreement with the customer takes place immediately after accepting the order by the seller who notifies the customer immediately after placing an order.

Execution of an order „ cash on delivery” shall take place immediately. Orders paid by bank transfer or through a system of electronic payment - after the payment appears on the account of a seller.

Execution of an order may depend on making full or partial payment or obtaining credit limit of the value of an order or the agreement of the seller to send orders COD (paid on delivery).

Sending the goods takes place within the deadline specified on the product card and for orders of multiple products in the longest period found on the cards. The period starts from the moment of the contract.

Item purchased is sent to the buyer together with the type of delivery document chosen by the buyer together with the attached annexes, referred to in § 2 point 6b.

§4 Right of withdrawal

Rights of the consumer right to withdraw from a distance contract lets the consumer withdraw without giving any reason and at no cost, with the exception of those referred to in Article. 33, Art. 34 Consumer Rights. In accordance with Article 34 paragraph. 2 of the Act on the rights of the consumer the consumer has to bear the cost of returning the items.

The deadline to withdraw from a distance contract is 30 days since the release of the last things, which is the subject of the contract, and it is enough to send a statement before its expiry.

The statement of withdrawal from the contract may be submitted as the form which is attached as Annex 2 to the Law of the consumer, on a form available on http://www.r-gol.com/files/oswiadczenie_o_odstapieniu.pdf or any other form consistent with consumer law.

The seller shall immediately confirm the consumer by e-mail (e-mail address comes from an order or withdrawal form) receiving the declaration of withdrawal from the contract.

In case of withdrawal from the contract, the contract is considered to be not concluded.

The consumer is obliged to return the item as soon as possible - not later than 14 days from the date on which withdrawing from the agreement.

The consumer sends back the things which are the subject of the contract at his/her own expense and risk.

The consumer does not bear the costs of providing digital content, which are not stored on a tangible medium, if not agreed to such an obligation before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent, or the seller does not provide confirmation in accordance with Article. 15 paragraph. 1 and art. 21 paragraph. 1. The rights of the consumer.

The consumer is responsible for the decrease in value of the item which is the subject of the agreement and as a result of using it in an inappropriate way.

The seller shall immediately, not later than 14 days from the date of receiving the notice of withdrawal from the contract made by the consumer, return the consumer all costs including the cost of delivery of goods, and if the consumer has chosen method of delivery other than the least expensive normal delivery offered by the seller , the seller shall not reimburse the consumer the additional costs in accordance with Article 33 rights of the consumer.

The seller gives refund using the same method of payment which was used by the consumer unless the consumer has agreed to another payment method that does not involve any costs.

The seller may withhold the refund of the payment until the goods are sent back or the consumer has supplied evidence of return, depending on which event occurs first.

The consumer in accordance with Article 38 rights of the consumer is not entitled to withdraw from the contract:

in which the price depends on fluctuations in the financial market over which the seller has no control, and which may occur before the deadline to withdraw from the agreement;

the object is manufactured according to the specifications of the consumer or for his/her individual needs;

in which the object may spoil quickly or may have short expiry date:

where the subject of the provision is the thing delivered in a sealed container, which after opening the package cannot be returned due to health protection or hygiene reasons, if it were unsealed after delivery;

where the subject of the benefits are things that after delivery, due to their nature, are inextricably linked with other things;

in which benefits are subject to a sound recording or visual or computer programs delivered in a sealed package, if the package has been opened after delivery;

the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed him/her by a seller of the loss of the right of withdrawal;

for the provision of newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Warranty

The seller on the basis of Article. 558§1 of the Civil Code completely excludes liability to clients arising from physical and legal defects (warranty).

The seller is liable to the consumer under the terms of art. 556 of the Civil Code and others for defects (warranty).

In the case of a contract with a consumer if a physical defect has been detected within a year since the purchase of things, it is assumed that it existed at the time of the transition danger to the consumer.

If the item sold has a defect, the consumer may:

make a statement about the demand of price reduction;

submit a statement of withdrawal from the contract;

unless the seller immediately and without undue inconvenience to the consumer, replace the faulty thing to defect-free or removes defect. However, if the thing was already replaced or repaired by the seller or the seller did not satisfy the obligation to exchange things free from defects or remedy the defect, he is not entitled to replace the goods or remove the defect.

Instead of removing defects a consumer may require to exchange things for free from defects or instead of exchanging things require removal of defects, unless they bring things into compliance with the agreement in a manner chosen by the consumer is impossible or would require excessive costs in comparison to the method proposed by the seller , whereby the evaluation of these costs take into account the value of the goods free of defects, the nature and the importance of the defect, and also takes into account the inconvenience to which subject the consumer otherwise meet.

The consumer cannot withdraw from the contract if the defect is irrelevant.

If the item sold has fault, a consumer can also:

require the exchange of things for free from defects;

require the removal of defects.

A seller shall replace the faulty thing for free from defects or rectify the defect within a reasonable time without undue inconvenience to the consumer.

The seller can refuse consumer’s request if the way chosen by the buyer is impossible or in comparison with other possible ways it would require excessive costs.

In case the item which is defective has already been installed, the consumer may require the seller to disassembly and reassembly after the exchange the thing free from defects or removal of defects, but is obliged to pay part of the costs connected with dismantling and reassembly, to the price of the goods sold. In the event of non-performance of duty by the seller, the consumer is authorized to carry out these activities at the expense and risk of the seller.

A consumer is obliged to deliver a faulty item on the address given at the expense of the seller, and if delivery would be extremely difficult, the consumer is obliged to share the benefit of the seller at the point where the property is situated. In the event of non-performance of duty by the seller, the consumer is entitled to return the items at the expense and risk of the seller.

The costs of replacement or repair shall be borne by the seller, except as described in § 5 paragraph 10.

The seller must accept a faulty item from the consumer in case of replacing things free from defects or to withdraw from the contract.

Within fourteen the seller days will respond to:

the request for a price reduction;

withdrawal from the contract;

the request to receive the thing free from defects;

the request to remove the defect.

Otherwise, it is believed that the seller agreed to consumer’s demands.

The seller gives 2-year warranty for new items and one year for the used ones.

Consumer’s demand to remove the defects or replacing the goods sold to free from defects expires after one year from the date of discovery of a defect, but not before two years have elapsed since sending things to a consumer and if the object of the sale is used within one year from the time delivery of goods consumer.

In a situation when the expiry date ends after two years from delivering goods to the consumer, the seller is responsible under the warranty for physical defects of the goods found before that date.

In dates specified in § 5 points 15-17 a consumer may lodge a statement of withdrawal from the contract or price reduction because of physical defects of goods sold and if the consumer demanded the exchange of things for free from defects or remedy the defect, the deadline to submit a statement of withdrawal from a contract or reducing the price begins when goods are exchanged or repaired.

In case of legal investigation in court or mediation proceedings the time of warranty elongates until legal procedure finishes.

Warranty for legal defects of the goods sold is detailed in §5 paragraphs 15-16, except that the period shall begin from the day on which the consumer has found defects and if the consumer knew of the existence of defects only as a result of the third party - the date on which the judgment given in a dispute with a third party became final.

If, due to defects in the goods consumer made a statement of withdrawal from the contract or price reduction, he/she may demand repairing the goods, reimbursement, delivery cost or storage cost. This is without prejudice to the provisions of the obligation to repair the damage on general terms and conditions.

If the seller hid the fault and did not inform a consumer about it, the expiry time for noticing the defect does not exclude the powers of warranties.

Seller, unless obliged to give a refund, will do so without undue delay and no later than the period stated in the law.

§6 Privacy policy nad personal information

The seller is the administrator of databases of personal information.

Seller agrees to protect personal data in accordance with the Law on Personal Data Protection dated 29 August 1997 and the Act on electronic services of 18 July 2002. When the consumer gives personal information while purchasing goods, he/she agrees to its processing by the seller in order to carry out the order. At any time the buyer may have the opportunity to access, modify, update or delete their personal data.

Detailed rules of collecting, processing and storing personal data used for the execution of orders by the store are described in the Privacy Policy which can be found here: http://www.r-gol.com/en/policy-privacy

§7 Final provisions

Nothing in these regulations is intended to affect the rights of the buyer. In a situation when regulations are contrary to Polish law, the seller declares to completely obey the law and change the regulations.

Buyers will be notified about all changes in regulations by e-mail (given when registering). Notification will be sent at least 30 days before new regulations come into life. The changes will be introduced in order to adapt the regulations to Polish law.

The current version of the regulations is always available to the buyer in the section Regulations (http://www.r-gol.com/en/regulations). In the course of the contract and throughout the period of after-sales care, the buyer is the subject to the regulations approved by him when ordering. Except when the consumer finds it less favourable than the current and informs the seller about the selection of the current as applicable.

In matters not covered by these regulations, the relevant applicable legal provisions are used. Disputes, if the consumer expresses such a wish, are solved in the way of mediation proceedings before the Provincial Inspectorates of the Trade Inspection or process in the arbitration court at the Regional Inspectorate of Trade Inspection. Consumers can also use the equivalent and lawful methods of pre or extra-judicial settlement of disputes, for example via the EU's Internet platform ODR located on http://ec.europa.eu/consumers/odr/. As a last resort the matter settled by the court.

Version 13.2 (Ostróda, 02.01.2017)

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